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(영문) 대전지방법원 2015.05.21 2015고단864
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2008, the defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on May 2, 2008, and on March 13, 2009, the defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on March 13, 2009.

The defendant is a person who is engaged in driving a CAD A4 car.

On January 16, 2015, the Defendant driven the said car with a 0.105% alcohol concentration 0.105% under the influence of alcohol around 01:30 on January 16, 2015, and driven the three-lane road in front of the “E” located in Daejeon East-gu, Daejeon, along one lane from the direction of Samsung 4 to the red-do intersection.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering direction and operation of the motor vehicle in a correct manner by checking the situation of the steering direction and operation.

Nevertheless, the Defendant neglected to perform his duty at the time of the discharge and went away without taking necessary measures, such as providing relief to the injured, by immediately destroying the said SM520 car to KRW 4,834,108 for repair cost, while driving the GM520 car in the front part of the GM520 car driving at the front part of the said Audididi vehicle. At the same time, the Defendant got injured by the injured by the light sM520 car in the front part of the said Audidi vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver;

1. A medical certificate;

1. A detailed statement of automobile repair expenses;

1. Application of a reply to inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of action after accident) concerning criminal facts.

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